Is It Always Him Or Can It Also Be Her?: A Study On The Need For Gender Neutral Legal Language In Rape Laws In India
Ms. Jessica Benita Immanuel, BA LLB, Christ Academy Institute of Law
ABSTRACT
The world around us is constantly evolving, not only in matters of science and technology but also in matters of crime and victimology. The legal sphere across many dimensions has adapted to various significant changes in the scope and nature of crimes. This paper adopts a doctrinal approach to critically analyse the gap between the binary language already existing and how it shall adapt itself to the oncoming age of gender neutrality. It compares the IPC to the newly implemented BNS and examines the language used for rape laws. Ultimately, we arrived at the conclusion to insert certain amendments to the existing laws across various dimensions. This research hypothesizes that there is not much area for linguistic reform in criminal laws and hence provides a linguistic reform framework. Although primarily focused on the Bharatiya Nyaya Sanhita, this research seeks influence from reformed legal frameworks and international conventions. This research is significant doctrinally as it aims to provide a new venture to the existing body of knowledge, practically, by proposing a new reform in criminal law with respect to rape. It contributes significantly by establishing a foundational framework for future research on criminal law reforms.
Keywords: Bharatiya Nyaya Sanhita, Criminal Law, Rape Laws, Gender Neutrality, International Law, Legal Reforms.
